Jury Error Prompts Mistrial

SUFFOLK — A mistrial was declared Friday when the judge discovered that one of the jurors had previously been dismissed from the panel because of possible bias in favor of the defense attorney.

The judge also reduced the bond of the defendant, Leon Clark, 32, to $30,000. Clark is charged with armed robbery, malicious wounding and two other charges and another trial was scheduled for Feb. 1, according to Clark's court-appointed attorney, Johnnie E. Mizelle.

Clark is accused of being one of three assailants who, on the night of Jan. 15, robbed and shot Willie D. Baker of Suffolk. Marvin Raynor was also charged with the crimes, and is scheduled for trial on Dec. 7. A third person has not been charged in the incident.

After several hours of testimony Friday, the mistrial was declared when it was determined that the jury included a woman who was "represented favorably in the past" by Mizelle.

Before the trial, she was identified by her connection to Mizelle, and she was not supposed to be on the jury. However, through apparent confusion over instruction to the jurors, she was sworn in.

According to testimony that preceeded the judge's mistrial ruling, Clark and Baker were acquaintances. On the night of Jan. 15, Clark had asked Baker if he could help him find some drugs. The two had met, along with the other two alleged assailants, on East Washington Street, near 5th Street.

Baker got into the back seat of Clark's car, Baker testified, and ended up in a secluded field on Suburban Drive near Route 58.

Baker testified that along the drive, Raynor and a third assailant pulled guns on Baker. Baker told police he was robbed of $150 to $250 that night.

"I didn't want to die. They took everything, and I didn't want to die, and that was next," Baker said, responding to Mizelle's question of why he did not resist.

During the ride to the site, Baker said he was hit several times, and at one point said to Clark "Tell them I'm all right, man, tell them I'm all right." Clark apparently told the two men that, but to no avail, Baker said.

Once the car stopped, Baker tried to escape, and one of the men fired a shot, hitting Baker in the side.

Clark pleaded innocent to the four charges against him. He was arrested after going to the police station to answer questions about the incident on Jan. 16.